Salary History Ban in Missouri: What Employers Can Ask

Federal law does not restrict employers from asking about salary history. The Equal Employment Opportunity Commission (EEOC) does not enforce a blanket prohibition on salary history inquiries. However, federal law does prohibit discrimination based on protected characteristics (race, color, religion, sex, national origin, age, disability, genetic information) under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), and the Genetic Information Nondiscrimination Act (GINA).

If an employer uses salary history as a pretext for discrimination—for example, if a woman's lower salary history results from past discrimination—that practice could potentially violate federal anti-discrimination law. The EEOC has issued guidance suggesting that salary history inquiries may perpetuate historical pay discrimination and can have a disparate impact on women and minorities. However, this represents guidance rather than an enforceable federal ban. Remedies under federal law include back pay, front pay, compensatory damages, and attorney fees under 42 U.S.C. § 1981a.

Missouri state law does not prohibit employers from asking about or relying on salary history. No Missouri statute (state code) restricts this practice at the statewide level. However, St. Louis City Ordinance § 3.41, a local ordinance in the City of St. Louis, creates a salary history ban that is stricter than federal law.

Under St. Louis City Ordinance § 3.41, employers with one or more employees cannot ask applicants about salary history, benefits, or other compensation, and cannot rely on that information in making hiring or compensation decisions. This applies to initial job applications, interviews, and background checks. The ordinance covers employees and job applicants, and applies to private employers, government agencies, and non-profits operating in St. Louis.

The St. Louis ban went into effect on January 1, 2020. Violation results in civil liability for each violation, with damages up to $500 per instance, plus actual damages (lost wages, emotional distress), punitive damages, and reasonable attorney fees. The law applies only within St. Louis City limits; other Missouri cities and counties have no similar restrictions.

Other Missouri jurisdictions, including Kansas City and Springfield, have not enacted salary history bans. In those areas, employers remain free to inquire about salary history under both state and federal law.

The St. Louis City salary history ban includes limited exceptions. An employer may ask about salary history if the applicant voluntarily and without prompting discloses prior salary information. Additionally, if an employer has already made a job offer to an applicant at a certain salary, the applicant may confirm that the offered salary is acceptable by reference to past compensation—though the employer cannot require this confirmation.

The ban does not apply to internal promotions or transfers within the same employer, though some legal interpretations suggest the safest approach is to avoid relying on salary history even in internal decisions. Employers may conduct background checks that include employment history and dates, but cannot inquire specifically about or rely on prior salary amounts when making compensation decisions.

Federal anti-discrimination law remains the broader exception: an employer is not prohibited from considering salary history if doing so does not cause disparate impact or serve as a pretext for discrimination based on protected status. However, in practice, the safest approach for St. Louis employers is to develop compensation based on job duties, market rates, and the candidate's qualifications rather than prior pay.

Missouri employers outside St. Louis City have no legal restriction on salary history inquiries, though some employers voluntarily adopt pay transparency practices. The Missouri Constitution and Missouri state statutes do not limit this employer conduct at the state level.

Step 1: Document the violation carefully. Keep copies of job postings, application materials, interview notes, email communications, and any verbal statements where an employer asked about salary history or relied on past compensation in making a hiring decision. If you are still employed, document the date and details of any salary inquiry in writing (email to yourself or a trusted person). If you have already been hired, save any compensation decision communications that reference your prior salary.

Step 2: If you are still in the hiring process, you can object in writing to the employer. Send an email requesting that the employer confirm it will not consider your salary history in the hiring decision. This creates a paper trail. If you have been hired or rejected, you may contact the employer's HR department to file an internal complaint, though this is not required before filing with the city.

Step 3: File a complaint with the St. Louis City Counselor's Office, which enforces this ordinance. Visit the St. Louis City website (stlouis-mo.gov) or contact the Counselor's Office directly. You will need to provide the employer's name, your name, the dates of the alleged violation, and a description of what happened (when the employer asked about salary history or how it was used in compensation decisions). There is no strict filing deadline stated in the ordinance, but you should file as soon as possible to preserve evidence.

Step 4: The St. Louis City Counselor's Office investigates complaints. Investigation typically takes 30 to 90 days. The investigator will contact the employer for their response and may request additional documentation from you. You may be asked to provide written statements or participate in a phone interview. The city will determine whether a violation occurred and, if so, assess civil penalties ($500 per violation) and may seek compensatory and punitive damages on your behalf.

Step 5: Consider consulting an employment attorney licensed in Missouri before filing, especially if you have been denied a job or received lower pay and believe this was due to the salary history ban violation. An attorney can review your documentation, assess whether you have a strong claim, represent you in negotiations with the employer, and ensure you pursue all available remedies including actual damages, punitive damages, and attorney fees. Employment attorneys often work on contingency for wage and discrimination cases.